Agenda and draft minutes

Licensing Sub-Committee
Tuesday 6th April, 2021 10.00 am

Venue: Online meeting - Livestreamed. View directions

Contact: William Troop  Tel: (01279) 502173 Email:  william.troop@eastherts.gov.uk

Items
No. Item

40.

Appointment of Chairman

Minutes:

It was moved by Councillor Symonds and seconded by Councillor Reed, that Councillor Bolton be appointed Chairman for the meeting. After being put to the meeting and a vote taken, the motion was declared CARRIED.

 

RESOLVED – that Councillor Bolton be appointed Chairman for the meeting.

 

41.

Apologies

To receive apologies for absence.

Minutes:

There were no apologies for absence.

 

42.

Chairman's Announcements

Minutes:

The Chairman said that the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on Saturday 4 April 2020 to enable councils to hold remote committee meetings during the COVID-19 pandemic period. This was to ensure local authorities could conduct business during this current public health emergency. This meeting of the Licensing Sub-Committee was being held remotely under these regulations, via the Zoom application and was being recorded and live streamed on YouTube.

 

43.

Declarations of Interest

To receive any Members’ Declarations of Interest.

Minutes:

The Chairman declared a non-pecuniary interest in that she was a Hertford Town Councillor and also chaired the Hertford at Night action group. She said that she did not sit on the Hertford Town Council Planning Committee which had made representations relating to Item 7, nor had she contributed to the representations.

 

Councillor Symonds declared a non-pecuniary interest in that she was Vice-Chairman of the Bishop’s Stortford Food Bank.

 

44.

Application for a Variation of a Premises Licence for Tesco, Bishops Park Centre, Lancaster Way, Bishop’s Stortford (21/0069/PLV) pdf icon PDF 154 KB

Additional documents:

Minutes:

The Chairman summarised the procedure for the Sub-Committee hearing. All those present were introduced or introduced themselves.

 

The Senior Licensing and Enforcement Officer presented his report covering an application for a variation of a premises licence under Section 182 of the Licensing Act 2003. The Sub-Committee was advised that on 8 February 2021, Tesco Stores Ltd submitted an application for a variation of a premises licence at Tesco, Bishops Park Centre, Lancaster Way, Bishop’s Stortford. The application sought approval to vary the current premises licence by extending the supply of alcohol to 24 hours a day and to amend a condition relating to barriers to the car park.

 

Members were advised that the applicant had proposed a number of steps that could be taken to promote the four licensing objectives, including, but not limited to the provision of comprehensive staff training and the presence of store managers at all times when the store was open. The applicant had agreed further conditions with the Police, including the retention of CCTV footage for an increased timescale of 31 days, a Challenge 25 policy and the discouragement of customers having open vessels or loitering on site.

 

The Senior Licensing and Enforcement Officer said that the report covered the East Herts statement of licensing policy and the revised guidance under Section 182 of the Licensing Act 2003. The Sub-Committee should determine the application with a view to promoting the four licensing objectives and Members must consider if the applicant had evidenced whether the application would not undermine the licensing objectives and this should be balanced against the evidence given by interested parties.

 

The Senior Licensing and Enforcement Officer said that four representations from interested parties had been received which engaged the prevention of public nuisance, public safety and prevention of crime and disorder licensing objectives.

 

He also said that if the Sub-Committee believed that the licensing objectives would not be undermined then the application should be granted. Members were advised that if they believed that the application would not promote the four licensing objectives, they should take appropriate and proportionate action to address these concerns. The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions, limit the hours or restrict licensable activities. The application should only be refused as a last resort and the Members’ decision should be evidence based, justified, appropriate and proportionate.

 

The Chairman asked the Senior Licensing and Enforcement Officer whether the condition relating to the car park barriers would fall under the remit of the Sub-Committee, or whether this would be a matter for Planning.

 

The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions relating to the barriers, but Planning would also have jurisdiction over the matter.

 

Councillor Page, attending as an interested party and ward Councillor, asked whether the licence applied solely to the supermarket, or also to the petrol filling station. The Senior Licensing and Enforcement Officer said that the licence would only apply to the supermarket.

 

Tesco’s Licensing Manager (the  ...  view the full minutes text for item 44.

45.

Application for a variation of a Premises Licence for Tesco, Ware Road, Hertford (21/0066/PLV) pdf icon PDF 153 KB

Additional documents:

Minutes:

The Senior Licensing and Enforcement Officer presented his report covering an application for a variation of a premises licence under Section 182 of the Licensing Act 2003. The Sub-Committee was advised that on 8 February 2021, Tesco Stores Ltd submitted an application for a variation of a premises licence at Tesco, Ware Road, Hertford. The application sought approval to vary the current premises licence by extending the supply of alcohol on a Monday, Friday, Saturday and Sunday and for a seasonal variation of 24 hour alcohol sales between 13 December and 2 January each year.

 

Members were advised that the applicant had proposed a number of steps that could be taken to promote the four licensing objectives, including, but not limited to, the provision of comprehensive staff training and the presence of store managers at all times when the store was open. The applicant had agreed further conditions with the Police, including the retention of CCTV footage for an increased timescale of 31 days, a Challenge 25 policy and the discouragement of customers having open vessels or loitering on site.

 

The Senior Licensing and Enforcement Officer said that the report covered the East Herts statement of licensing policy and the revised guidance under Section 182 of the Licensing Act 2003. The Sub-Committee should determine the application with a view to promoting the four licensing objectives and Members must consider if the applicant had evidenced whether the application would not undermine the licensing objectives and this should be balanced against the evidence given by interested parties.

 

The Senior Licensing and Enforcement Officer said that one representation from an interested party – Hertford Town Council - had been received, which engaged the prevention of public nuisance licensing objective.

 

He also said that if the Sub-Committee believed that the licensing objectives would not be undermined then the application should be granted. Members were advised that if they believed that the application would not promote the four licensing objectives, they should take appropriate and proportionate action to address these concerns. The Senior Licensing and Enforcement Officer said that the Sub-Committee could attach conditions, limit the hours or restrict licensable activities. The application should only be refused as a last resort and the Members’ decision should be evidence based, justified, appropriate and proportionate.

 

Tesco’s Licensing Manager (the applicant) gave a summary of the application, explaining Tesco’s operations generally, as well as at the Hertford store. She again reiterated Tesco’s ambition to be a good neighbour and highlighted charitable donations to groups within the community, and its willingness to work with residents. Working patterns were changing, which was highlighted further by the COVID-19 pandemic. This meant that customers wanted to shop at different times and the application reflected this. The application pre-empted any future possible change to Sunday trading laws, in order to avoid submitting another application for a variation should this happen.

 

Councillor Symonds asked what the store would do to limit disturbance to nearby residents and whether a gate leading onto the site would  ...  view the full minutes text for item 45.

46.

Urgent Business

To consider such other business as, in the opinion of the Chairman of the meeting, is of sufficient urgency to warrant consideration and is not likely to involve the disclosure of exempt information.

Minutes:

There was no urgent business.